Opinion
May 28, 1985
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Judgment affirmed, without costs or disbursements.
No factual or legal basis has been alleged which would render the indictment underlying petitioner's conviction jurisdictionally defective ( cf. People ex rel. Sales v. LeFevre, 93 A.D.2d 945, lv denied 60 N.Y.2d 558). Moreover, since all of the remaining issues either could have been raised on direct appeal or on a motion pursuant to CPL article 440, or would not result in petitioner's immediate release, habeas corpus is not an appropriate remedy ( see, People ex rel. Kaplan v. Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 649; People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903; People ex rel. Taylor v Commissioner of Correction, 100 A.D.2d 525; People ex rel. Myers v. Dalsheim, 97 A.D.2d 447, lv denied 61 N.Y.2d 601; People ex rel. Sales v. LeFevre, supra; People ex rel. Hall v. LeFevre, 92 A.D.2d 956, affd 60 N.Y.2d 579). Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.